Tahana v Hines [2021] NSWSC 564

Supreme Court New South Wales

Medium Neutral Citation: Tahana v Hines [2021] NSWSC 564 Hearing dates: 14 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I order that the plaintiff provide to the solicitors for the first and sixth defendants by 5.00pm on 17 May 2021 an executed authority for access to the plaintiff's Centrelink records. (2) Costs are to be costs in the cause. Catchwords: CIVIL PROCEDURE – Interlocutory applications – Defendants seeking access to plaintiff's Centrelink records – Power of court to order plaintiff to provide an authority to allow the defendants to access Centrelink records – Social Security (Administration) Act 1999 (Cth) Legislation Cited: Civil Procedure Act 2005 (NSW) Freedom of Information Act 1982 (Cth) Social Security (Administration) Act 1999 (Cth) Cases Cited: El-Helou v Smith [2009] NSWSC 741 Merkuloff v Yalisheff [2003] NSWSC 1183 Wray v Wray [2007] NSWSC 164 Category: Procedural rulings Parties: Richard Tahana (Plaintiff) Greg Hines (First Defendant) Gordian Runoff Limited (Sixth Defendant) Representation: Counsel: R O'Keefe (First and Sixth Defendants)

Solicitors: Beilby Poulden Costello (Plaintiff) Vardanega Roberts (First and Sixth Defendants) File Number(s): 2018/308650 Publication restriction: None

REVISED EX TEMPORE JUDGMENT 1. HIS HONOUR: This matter comes before me on 14 May 2021 as Duty Judge by way of an urgent application on a motion filed by the first and sixth defendants ("the defendants") on 7 May 2021. 2. The defendants seek an order that the plaintiff provide to the solicitors for the defendants by 5pm on 17 May 2021 an executed authority for access to the plaintiff's Centrelink records. 3. Mr O'Keefe appears for the defendants and Mr Hall‑Johnston appears for the plaintiff. The plaintiff opposes the orders sought in the motion.